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Home My WebLink About2000-11-06-Regular MinutesMINUTES OF THE WAUKEE CITY COUNCIL MEETING NOVEMBER 6,2000 1.Call to Order:The November 6 meeting of the Waukee City Council was called to order at 7:00 P.M by Mayor Bailey. 2.Roll Call:Mayor Bailey and Council Members Mike Watts,Bill Peard,Wayne Johnson,Marvin Berger and Nicholas Gruber were present. 3.Open Forum:Ionex,a competitive local exchange carrier,presented to the Mayor and City Council a brief analysis of their company and that they would like handle the City's local and long distance service.The Mayor requested that they work with City Staff directly and asked them to have staff make a recommendation. 4.Agenda Additions/Agenda Approval:Motion by Watts,second by Johnson to approve the agenda.The Mayor requested a voice vote.Ayes:Watts,Johnson, Gruber,Berger and Peard.Motion carried 5-0. BILL LIST 11/06/00 NO DEPT ENTERED ICMA RETIREMENT TRUST 45 IPERS -POLICE IPERS -REGULAR TREAS,STATE OF IOWA ICMA OCT 31 '00 PD IPERS OCT 31 '00 OCTOBER 31 '00 AUG SALES TAX·GAS SEPT SALES TAX·GAS AUG SALES TAX·WATER SEPT SALES TAX·WATER AUGUST SALES TAX·SEWER SEPT SALES TAX·SEWER STATEW/HTREASURER,STATE OF IOWA POLICE OPERATIONS ALLEGRA CAPITAL SANITARY SUPPLY DTN CORPORATION FASTPRO INTERNATIONAL IN FESSLERSINC GALL'S INC TIME OFF REQUEST FORMS SUPPLIES SUBSCRIPTION ADVIL PRO LOCK KNEE PADS/ELBOW PADS/REM A·TACTACTICAL GOGGLE FILM REGISTRATION TERM BILLlNG·OCT/NOVIDEC IA LAW ENFORCE MANUAL INSTALL KEY BOx/REP LAT NOVEMBER PREMIUM H.B.LEISEROWITZ COMPANY IA CRIME PREVENTION ASSO IA DEPT OF PUBLIC SAFETY IA LAW ENFORCEMENT ACADE J &M LOCK &KEY SERVICE JOHN DEERE HEALTH PLAN I 1 $382.24 $2,474.77 $2,584.72 $2,485.19 $2,292.56 $5,204.68 $5,179.44 $256.40 $251.55 $2,216.13 $141.70 $324.00 $1,008.00 $24.05 $33.50 $82.27 $66.64 $78.00 $100.00 $855.00 $125.50 $18.00 $4,540.43 I MCLEOD USA POLICE STATEMENT $565.96 MID AMERICAN ENERGY MONTHLY STATEMENT $546.88 MIGHTY TIDY CLEANING OCT CLEANING-PD $450.00 OMB POLICE SUPPLY 40 CAL 165 GR BEB WINCLE $204.00 PERRY CHIEF SUBSCRIPTION $29.00 PROSECUTING ADORNEYS OWIMANUAUSUPPLEMENT $65.00 OWl MANUAUSUPPLEMENT $65.00 QUALITY FORD OF WDM PARTS/LABOR $404.13 QWEST PHONE REQ·PER G.BREUER $1.80 SPRINT PCS SRO $129.30 TREASURER,STATE OF IOWA STATEW/H $3.38 UNIVERSITY PHOTO FILMIDEV $27.30 US WEST COMMUNICATIONS 987·8995 $118.24 VERIZON WIRELESS PD·GREG BREUER $41.87 PD PHONE $168.54 WAUKEE AUTO WASH CARWASH TOKENS $192.50 FIRE PROTECTION BLANK CHILDREN'S HOPITAL REGISTRATION/NEONATAL RE $100.00 BOB BROWN CHEVROLET REPAIR/CHEVROLET CAPRICE $458.27 PARTS $61.88 CARPENTER UNIVORM CO WH S/S/SHIRT $31.95 BK FLASHLIGHT $110.00 COMPUSAINC HP BLK INKITWINPACK COLO $187.88 SONY IBM DISKIESPO PHOTO $133.16 DANKO EMERGENCY EQUIPMENT YELLOW HELMET $377.95 DIVERSIFIED INSPECTIONS LAPPER TESTING $257.30 ED M FELD EQUIPMENT CO ANGUS HI COMBAT 1 3/4'X $100.00 SCOD CYL &VALVE ASSY $3,575.00 GFE 1500 WADS QUARTS $45.00 ANGUS HI COMBAT 1 3/4'X $900.00 EQUFAX WDMlPOLK CITY DIRECTORY $142.50 FIRST STATE BANK MUNICIPAL BOND LEASE $19,900.17 GLOBAL FIRE EQUIPMENT IN MOUNTING BRACKET/SUPPLIES $108.43 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $412.76 LEHMAN COMMERCIAL SERVICE MATERIALS/FILTERS/LABOR $285.20 MCLEOD USA NOV MONTHLY STATEMENT $197.56 MEDICAP PHARMACY BABY ASPRIN $6.57 MID AMERICAN ENERGY MONTHLY STATEMENT $724.93 MID STATES FORD INC REPAIR/FORD F350 PICKUP $1,114.00 MIDWEST OFFICE TECHNOLOGY COPIER LABOR $93.00 MIGHTY TIDY CLEANING CLEANING FOR OCTOBER $100.00 NATIONAL FIRE PROTECTION FLAMM &COMB L101MOTOR F $50.50 SPRING VALLEY RADIO CORP TECH SERVICE/REPAIRS $35.25 REPAIRS $35.25 REMOTE MIC/ANT VEHF HELIC $107.50 MILEAGEITECH SERV/REPAIR $260.00 VERIZON WIRELESS MONTHLY STATEMENT $30.98 2 STREET LIGHTING IBAKERELECTRICINCSVCSTRAFFICPOLES$421.99 MID AMERICAN ENERGY MONTHLY STATEMENT $5,551.92 MONTHLY STATEMENT $569.15 MONTtfLY STATEMENT $23.20 TRAFFIC SIGNAL LIGHTS IA SIGNAL &ELECTRIC CO SERVICE &SUPPLIES $61.00 STREET LIGHTS $450.00 MID AMERICAN ENERGY MONTHLY STATEMENT $215.38 MONTHLY STATEMENT $30.73 BUILDING INSPECTION JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $1,238.30 TRIPLETT OFF ESSENTIALS SUPPLIES $28.36 LIBRARY SERVICES BRENTON STATE BANK LIBRARY PETTY CASH $186.72 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $1,031.92 MCLEOD USA NOV MONTHLY STATEMENT $135.99 PARKS ANN EAR EQUIPMENT SUPPLIES $8.50 CENTRAL IOWA LANDSCAPING SEPT MOWING $15.00 DRESSMAKEERS BUNNY $599.00 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $206.38 MENARDS HALOGEN FLOOD LITE $7.99 ]MID AMERICAN ENERGY MONTHLY STATEMENT $21.23 MOST DEPENDABLE FOUNTAIN SUPPLIES $77.00 WAUKEE AREA CHAMBER OF C ANNUAL FALL FEST SUPPORT $750.00 COMMUNITY CENTER J &M LOCK &KEY SERVICE COMMUNITY CENTER KEYS $7.50 US WEST COMMUNICATIONS 987·8390 $53.38 PUBLIC WORKS ARAMARK UNIFORM SERVICES MAT GRIPPER $32.70 DORRIAN HEATING &COOLING MATERIALS $109.46 FASTPRO INTERNATIONAL IN FIRST AID SUPPLIES $13.90 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $206.38 MBNA AMERICA BUSINESS CA OC.STATEMENT $174.44 MCLEOD USA NOV MONTHLY STATEMENT $37.78 MID AMERICAN ENERGY MONTHLY STATEMENT $291.61 UNITED STATES CELLULAR 249·1528/249·0373 $103.47 WATER UTILITY BROWN SUPPLY CO INC SUPPLIES $875.00 DES MOINES WATER WORKS NEWSLETTERIWATER USAGE $13,764.21 DM WATER WORKS WATER $6,228.25 WATER $12,326.85 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $619.15 IM.E.D.A.DM &DOSP OF STORAGE TK $32,547.00 MCLEOD USA NOV MONTHLY STATEMENT $37.79 MID AMERICAN ENERGY MONTHLY STATEMENT $9.24 3 MONTHLY STATEMENT $539.83 MUNICIPAL SUPPLY SUPPLIES $41.20 PAINT SUPPLIES $502.95 REPAIR $209.17 SUPPLIES $915.95 TREAS,STATE OF IOWA AUG SALES TAX·WATER $83.27 UNITED STATE CELLULAR 249·1212 $61.22 US FILTERIWATERPRO SUPPLIES $255.00 MATERIALS $58.00 REPAIR $112.71 SUPPLIES $1,010.00 UTILITY EQUIPMENT COMPANY SUPPLIES $25.81 SUPPLIES $3.28 VEENSTRA &KIMM INC ENTGINEERING SERVICES $783.20 WILLIAMS'TURF FARMS SOD $195.00 SANITARY SEWERS &TREATMENT FAC IA ASSOCIATION OF WORKSHOPS $12.00 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $619.15 KRI COMPANY HICKMAN RD PMP STAT &SW $73,630.27 MBNA AMERICA BUSINESS CA OCT STATEMENT $165.45 MCLEOD USA NOV MONTHLY STATEMENT $293.36 MID AMERICAN ENERGY MONTHLY STATEMENT $3,114.38 MONTHLY STATEMENT $9.24 MONTHLY STATEMENT $423.81 1300 3RD ST PUMP STATION $150.29 MOMAR GREAT GRAPE 2/55 GL $2,338.98 PAYLESS CASHWAYS INC SUPPLIES $35.58 TREAS,STATE OF IOWA AUGUST SALES TAX-SEWER $4.10 VEENSTRA &KIMM INC ENGINEERING SERVICES $7,306.24 GAS UTILITY CELLUALR ADVANTAGE INC REPAIR $54.95 CIGMA LLC RISER $468.95 SUPPLIES $424.18 DEROSSETICO SUPPLIES $2,999.50 ELECTRONIC ENGINEERING C PW PAGERS $90.00 GROEBNER &ASSOCIATES IN SUPPLIES $100.44 SUPPLIES $1,576.09 SUPPLIES $951.12 SUPPLIES $122.43 IA ASSOCIATION OF WORKSHOPS $100.00 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $1,444.68 KINKO'S INC COPY/FOLDING $164.30 MCLEOD USA NOV MONTHLY STATEMNT $37.79 MID AMERICAN ENERGY MONTHLY STATEMENT $224.15 MONTHLY STATEMENT $9.24 MID STATES SUPPLY COMPANY SUPPLIES $53.60 NORTHERAN MUNICIPAL ASSESSMENT $820.38 4 PLUMB SUPPLY COMPANY SUPPLIES $120.66 TREAS,STATE OF IOWA AUG SALES TAX-GAS $39.76 UNITED STATES CELLULAR 249-1528/249-0373 $103.47 249-1212 $61.22 US ENERGY SERVICES INC GAS $52,851.26 GAS $4,440.71 US WEST COMMUNICATIONS EASTERNT B S $198.72 VEENSTRA &KIMM INC ENGINEERING SERVICES $339.84 WASTE MANAGEMENT OF IOWA MONTHLY STATEMENT $21.72 UTILITY BILLING BUDGET STORAGE RENTAL NOVEMBER STORAGE RENT $40.00 DES MOINES WATER WORKS NEWSLETTERIWATER USAGE $4,960.00 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $206.38 TRIPLETT OFF ESSENTIALS SUPPLIES $54.24 PAPER $37.98 STREETS DEPARTMENT ALLENDER BUTZKE ENGINEER DENISITY TESTING $183.04 BROWN SUPPLY CO INC.SUPPLIES $52.77 HAWKEYE TRUCK EQUIPMENT CHAIN COVER $53.34 IA ASSOCIATION OF SAFETY WORKSHOP $125.00 IA DEPT OF TRANSPORTATION MATERIALS $1,851.08 JERICO SERVICES INC SUPPLIES $1,265.00 LIQUID CC $1,265.00 JOHN DAY COMPANY MATERIALS $17.55 SUPPLIES $225.63 JOHN DEER HEALTH PLAN I NOVEMBER PREMIUM $1,031.92 KAR PRODUCTS SUPPLIES $176.Q7 L1NCY AUTO PARTS SUPPLIES $102.20 LOGAN CONTRACTORS SUPPLY SUPPLIES $59.95 PARTS $87.10 SUPPLIES $325.00 MID AMERICAN ENERGY MONTHLY STATEMENT $9.24 MOBILE AUTO GLASS WINDOW REPAIRICK REPLAC $254.92 NEWMAN TRAFFIC SIGNS SUPPLIES $186.66 O'HALLORAN INTERNATIONAL 19921NTL $23,000.00 PAYLESS CASHWAYS INC SUPPLIES $175.20 R-WAY CONCRETE CONCRETE FOR CURBS $264.38 CONCRETE $669.75 CONCRETE $370.00 CONCRETE $351.50 CONCRETE $703.00 RED WING SHOE STORE CLOTHING ALLOWANCE $136.55 REGENCY BUILDERS SIDEWALK-WARRIOR LANE $4,834.50 VEENSTRA &KIMM INC ENGINEERING SERVICES $245.28 J ZIEGLER INC SUPPLIES $58.48 ADMINISTRATION ARAMARK UNIFORM SERVICES MAT/AIRFRSH $43.27 5 MATIAIRFRSH $39.84 MATIAIRFRSH $34.12 ARENTSEN,MARK NOV.AUTO ALLOWANCE $250.00 DALLAS COUNTY NEWS MONTHLY STATEMENT $1,060.57 DES MOINES WATER WORKS NEWSLETIERIWATER USAGE $701.11 INSURANCE ASSOC OF IOWA MEM FLTR $424.00 JOHN DEERE HEALTH PLAN I NOVEMBER PREMIUM $1,630.43 MBNA AMERICA BUSINESS CA MONTHLY STATEMENT-MARK $30.98 MCLEOD USA NOV MONTHLY STATEMENT $401.05 MID AMERICAN ENERGY MONTHLY STATEMENT $533.74 MIGHTY TIDY CLEANING OCT CLEANING $110.00 OCT CLEANING $400.00 TRIPLETI OFF ESSENTIALS SUPPLIES $56.49 INKJET $34_78 MINUTE BOOK $99.74 VERIZON WIRELESS MONTHLY SERVICE $61.34 FINANCIAL ADMINISTRATION BUDGET STORAGE RENTAL NOVEMBER STORAGE RENT $40.00 CARTER PRINTING LETIERHEADIENV $250.00 MUNICIPAL TAX CONSULTING SERVICES RENDERED $960.55 PITNEY BOWES INC POSTAGE r,1ETER RENT $195.00 TRIPLETI OFF ESSENTIALS SUPPLIES $136.42 PAPER $0.57 WILSON,CHARLENE FINANCIAL CONSULTING $125.85 ECONOMIC DEVELOPMENT ALEXANDER'S AERIAL PHOTOS $740.00 DALLAS COUNTY DEVELOPMENT REGISTRATION $20.00 DALLAS COUNTY NEWS MONTHLY STATEMENT $64.87 GUNDERSON,JODY NOV TRAVEL ALLOWANCE $250.00 MBNA AMERICA BUSINESS CA MONTHLY STATEMENT-JOSHUA $107.80 OCT STATEMENT $144.46 SMITH,JOSHUA NOV AUTO ALLOWANCE $250.00 SPRINT PCS MONTHLY STATEMENT $116.23 TRIPLETI OFF ESSENTIALS LAPEL PINS $642.06 VEENSTRA &KIMM INC ENGINEERING SERVICES $2,078.00 CITY ATIORNEY HUSCHER,PAUL E NOV RETAINER $1,000.00 ENGINEERING VEENSTRA &KIMM INC ZONING MAP $27.00 ENGINEERING SERVICES $4,202.20 GRAN TOTAL $364,110.31 PAYROLL 10131100 ARENTSON,MARK J .. BOSWELL,KRISTIN ANN $2,110.84 $160.54 6 BREUER,GREGORY A.$1,336.19 BRUECKEN,ALYSSA $19.02 BURKHART,LINDA SUE $496.43 DAGGEIT,WILLIAM J $976.38 DAVISSON,DELORES J.$160.96 DEZEEUW,DAVID S $1,262.75 DODGE,JUSTIN D $823.49 DOWELL,DENNIS $1,422.54 EFTPS FEDERAL $6,408.19 FICA $6,174.96 MEDICARE $1,444.14 FORD,ELIZABETH A.$888.17 GENTOSI,MICHAEL PATRICK $865.85 GIBSON,JOHN R.$1,438.67 GUNDERSON,JODY $1,595.36 HERRICK,ROBERT D $1,055.81 HORKEY,ROBIN R.$1,150.22 KELLER,CHRISTOPHER M $815.89 LELAND PERKINS $400.00 $300.00 LIFE INS.PREM $55.34 MACK,LINDA M.$947.80 MAPES,TROY M.$1,075.94 MARCHANT,JOEY LOWELL $906.98 MORGAN,ALBERTA $428.31 MURPHY-PETERSEN,DEVON $831.00 OLSON,SCOIT A $883.05 PERKINS,LELAND E $434.95 PHILLIPS,LARRY J $1,534.15 POPP,SHAWN DAVID $986.74 RICHARDSON,ELIZABETH A $980.74 ROBINSON,KIMBERLY A $369.18 RON L.HEIMANN $671.07 ROYER,TIMOTHY L $1,136.19 SCHEITLER,RODNEY A $968.33 SCHROEDER,MELANIE L $49.37 SMITH,JOSHUA A $1,318.77 SPENER,ARTHUR $517.09 SPENCER,JEFFREY A $856.61 TIMOTHY ROYER $100.00 VAN ZEE,DIANNA L $875.62 WHITE,DANNY L $940.14 WINTERS,TROY S.$975.73 GRAND TOTAL $49,149.50 J 7 5.Consent Agenda:The Mayor asked for clarification on an item in the City Council minutes.Mayor Pro Tern Johnson requested that the bill list be more specific regarding supplies.He asked Mark Arentsen to develop a definition of supplies and wanted to know if there was a policy regarding the amount of supplies that can be purchased on a bi-weekly basis.Motion by Berger,second by Gruber to approve Payroll and Bill List and approve the 10.16.00,10.17.00 and 10.23.00 City Council Minutes. Mayor Bailey requested a voice vote.Ayes;Berger,Gruber,Johnson,Peard,Watts. Motion carried 5-0. 6.Mayor's Report:The Mayor read a letter from AT&T Cable stating that additional channels will be added at no charge until the public is notified of the availability of new channels throughout the City.At the this point the cable TV upgrade is proceeding ahead of schedule.The Mayor gave a brief report on the building permit report and indicated that permits for the month of October were less than those issued for October of the previous year.He also stated that he received a verbal message regarding the Iowa Finance Authority.He indicated they had funded a project in Waukee.He also stated that he had received a report on the gas utility which indicated that profits for the utility were estimated to be $125,000 per year.This equates to about $5.00 per meter per month.He stated that he was concerned about the low level of profit in the gas utility. He also stated that the animal nuisance ordinance was not on the agenda as had been requested at the last meeting.The Mayor stated that he received a report and said Highway 6 should be opened by the end of the month.The Mayor said he received a gas report from John Gibson.The Mayor asked about a nuisance ordinance.Joshua Smith indicated that Paul Huscher deemed it a "redundant"ordinance and that the City did not need to proceed. 7.ReceiveIFile:Discussion on ContinuationlElimination of Yard Waste Burning.The Mayor asked Bill Peard to address this issue.Peard indicated that he received a complaint from a citizen regarding open burning.He asked Jane Olson,845 Ashworth Drive,to speak about the problem.Ms.Olson requested that she read a prepared statement and asked that it be entered into the public record. November 5,2000 Members of the City Council;Mayor Bailey and City Administration Staff: Five years ago,Roger Schlaefer,Marsha and Tom Smith,and I collected approximately 250 Waukee citizens'signatures on a petition calling for a ban on open burning in the city of Waukee.That petition was presented to the City Council and resulted in a new open burning ordinance being passed.Until that time there were few,if any,restrictions on open burning in town.The council insisted on a compromise rather than a burning ban and had a new ordinance written that specified dates and times when burning was 8 allowed and also the types of materials that could be bumed.Over the last five years,this ordinance has been violated repeatedly.It has become frustrating and discouraging to many people in town who do follow the law and/or who oppose burning.There are people who are ignorant of the law and there are people who violate the law intentionally, but the result is the same.Open burning takes place in Waukee throughout the entire year,regardless of the law.Education about the law and enforcing it is the responsibility of the city and its employees but your efforts have not been successful. At the time this ordinance was being written,the Council voiced its concern for those who could not afford to pay for bags or stickers to dispose of yard waste.The Council also stated that the city did not have the money or resources to do anything about the disposal of yard waste and was at the mercy of the contractors who were willing to pick it up and dispose of it for a fee.Our population has grown and so has the city staff.I believe that the city now has the resources and personnel to research this issue and to offer affordable and environmentally friendly alternatives to open burning,One has only to read the newspaper to find information about ways to use leaves and yard waste for mulch or compost.Iowa State Extension services and Master Gardeners have programs available on this subject.There have also been ideas published about how to reduce the volume that leaves take up in the bags.Some communities have offered drop-off sites for leaves (see article about Ankeny.)Other cities arrange for pick-up of leaves by the street sweeper at scheduled times.You do not have to be a large city to accomplish these things.This information is available to city staff through resources like the Internet, professional organizations and simple communication with other Iowa communities. Open burning is a hazard to people and to the environment.I have attached a copy of a Des Moines Register article quoting the director of the pediatric allergy and pulmonary division at University Hospitals in Iowa City stating that the practice of open burning of leaves is especially hazardous to people with asthma.You don't have to be a doctor to know that the clouds of smoke and ash which have floated in the air of Waukee recently cannot be good for the children.The two times of the year with some of the best weather for being outside and enjoying our town are the times when burning is legal.It is not too hot and humid,neither is it too cold.However,it is not a safe or pleasant experience when open burning is taking place.We have over 900 students at Waukee Elementary who play outside much of the day during recess and P.E.time at school.Burning takes place legally during the time the children are at school.Many of those children were out on Beggar's Night,a night during which we invite children to walk through their neighborhoods.For the last two years there have been several people burning their leaves during that time.It is legal to burn until 7:00 PM,but it was inappropriate on Beggar's night. Five years ago,we worked hard to come up with a way to start working on eliminating burning.Since then,little has been done to help the public with affordable and safe disposal of yard waste.Last year,you took a step backward by extending the burning season.That act was disheartening and disappointing to open burning opponents since we were not given a chance to oppose the amendment which was passed on the first J 9 reading.I believe there was opposition on record as evidenced by phone calls and visits with city hall,council persons,the mayor and police. The slogan for our city is "The Key to Good Living."We are attracting new residents and new businesses.We like our small town advantages.Friendly neighbors,local businesses,great schools and a safe place to live are why most of us have chosen to make Waukee our homes whether we've been here 30 years or three months.We want to raise our children and our grandchildren here.Open burning is an archaic,unsafe practice that has little to do with the advantages of small town living.In fact,it's a disadvantage. Let's live up to our slogan.It is time for the City Council to ban all open burning for good.Please do something now to eliminate this unpleasant,unsafe practice of open burning before next spring.Use your personnel and your resources to find another way for the citizens of Waukee to dispose of yard waste in an affordable,safe manner. Thank you for your consideration of this important manner. Sincerely, Jane Olson A motion was made by Gruber,with a second by Peard to allow open burning from November 7,2000 to November 20,2000.Gruber amended his motion to allow burning as our ordinance permits (November 30,2000),with an amended second by Peard.The Mayor asked for a roll call.Ayes:Gruber,Peard,Johnson,Watts and Berger.Motion carried 5-0. 8.Public Hearing:On Waukee's Urban Renewal Plan. The Mayor announced this was the time and place for the Public Hearing for the Waukee Urban Renewal Plan.The Mayor asked for any written comments. Mark indicated that Dr.Stalker had submitted a written comment.Dr.Stalker's has been submitted and is available at Waukee City Hall for anyone to review. Councilman Johnson indicated that he is opposed to having residential areas in a TIP area,however,he wants the flexibility to include blighted residential in a Tax Increment Financing area in the future.Shawn Mori,a resident in the Sugar Creek Estates area,addressed the City Council on her experience with TIP in West Des Moines.Bob Josten indicated the taxable valuation for Waukee was broken down to 88%for residential and 12%for industriallcommercial,thus TIP would only potentially impact 12%of our current taxable valuation.The Mayor closed the Public Hearing. 9.Resolution 00-189:Approving Waukee's Urban Renewal Plan. Bob Josten,the City's Bond Attorney from Dorsey &Whitney addressed the Mayor/Council regarding the Waukee Urban Renewal Plan.Josten indicated that we met our statutory obligation by holding a Public Hearing and having a TIP consultation session on October 19,2000.The Mayor indicated that he received 10 an Ordinance and Resolution from Bob Josten.Bob indicated that we should not vote on the Ordinance until the next meeting.Motion by Gruber,second by Peard to approve Resolution 00-189.Ayes:Gruber,Peard,Berger,Watts,Johnson. Nays:None.Motion carried 5-0.I RESOLUTION 00-189 A RESOLUTION TO DECLARE NECESSITY AND ESTABLISH AN URBAN RENEWAL AREA,PURSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE URBAN RENEWAL PLAN AND PROJECT FOR THE WAUKEE URBAN RENEWAL AREA AND APPROVE DEVELOPMENT AGREEMENT WHEREAS,as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa,the "Urban Renewal Law,"a municipality must adopt a resolution finding that one or more slums,blighted or economic development areas exist in the municipality and that the rehabilitation,conservation,redevelopment, development or a combination thereof,of such area or areas is necessary in the interest of the public health,safety or welfare of the residents of the municipality;and WHEREAS,it has been recommended that an urban renewal area be established within the boundaries set out in Exhibit A to this Resolution;and WHEREAS,a study has been conducted of the area identified above for the pmpose of establishing the need to designate the area as being appropriate for commercial and industrial development;and WHEREAS,the study found that sufficient need exists to warrant finding the area an economic development area;and WHEREAS,notice of a public hearing by the City Council on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa,and the Council has conducted said hearing;and WHEREAS,the proposed urban renewal plan and project were submitted to and approved by the Planning and Zoning Commission of the City;and WHEREAS,copies of the urban renewal plan,notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to Dallas County,Waukee Community School District and the Des Moines Area Community College;the consultation meeting was held on the 19th day of November,2000;and responses to any comments or recommendations received following the consultation meeting were made as required by law;and .J 11 WHEREAS,the City proposes to enter into an agreement (the "Development Agreement")with K.c.Real Estate,L.C.(the "Company")with respect to the development of a new commercial facility in the city (the "K.C.Real Estate,L.c.");and WHEREAS,the Development Agreement would provide property tax incentives to the company in the form of incremental property tax rebates for a period of eighteen years under the authority of section 403.9(1)of the Code of Iowa;and WHEREAS,Chapter 15A of the Code of Iowa ("Chapter 15A")declares that economic development is a public purpose for which a City may provide grants,loans,tax incentives,guarantees and other financial assistance to or for the benefit of private persons;and WHEREAS,Chapter 15A requires that before public funds are used for grants,loans,tax incentives or other financial assistance,a City Council must determine that a public purpose will reasonable be accomplished by the spending or use of those funds;and WHEREAS,Chapter 15A requires that in determining whether funds should be spent,a City Council must consider any or all of a series of factors; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist within the boundaries set out in Exhibit A. Section 2.The area identified in Section 1 hereof is hereby declared to be an urban renewal area,in conformance with the requirements of Chapter 403 of the Code of Iowa,and is hereby designated the Waukee Urban Renewal Area. Section 3.The rehabilitation,conservation,redevelopment,development or a combination thereof,of this area is necessary in the interest of the public health,safety or welfare of the residents of the City of Waukee,Iowa. Section 4.It is hereby determined by this Council as follows: A.The proposed urban renewal plan conforms to the general plan of the municipality as a whole. B.Proposed commercial and industrial development in the urban renewal area is necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 5.The urban renewal plan for the Waukee Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this 12 Council,and the proposed project for such area based upon such plan is hereby in all respects approved. Section 6.Pursuant to the factors listed in Chapter 15A,the Council hereby finds that: (a)The KC.Real Estate,L.C.project will add diversity and generate new opportunities for the Waukee and Iowa economies; (b)The KC.Real Estate,L.C.project will generate public gains and benefits, particularly in the creation of new jobs,which are warranted in comparison to the amount of the proposed property tax incentives. Section 7.The Council further finds that a public purpose will reasonable be accomplished by entering into the Development Agreement and providing the property tax rebates to the Company. Section 8.The Development Agreement is herby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Development Agreement on behalf of the City,in substantially the form and content in which the Development Agreement has been presented to this City Council,and such officers are also authorized to make such changes,modifications,additions or deletions as they,with the advice of bond counsel,may believe to be necessary,and to take such actions as may be necessary to carry out the provisions of the Development Agreement. 1Section9.As provided and required by Chapter 403 of the Code of Iowa and Section 403.9,the City's obligations under the Development Agreement shall be payable solely from that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund which is attributable to the property described on Exhibit B to this resolution, created as part of the ordinance which provides for the division of taxes levied on property in the Waukee Urban Renewal Area (the "KC.Real Estate,L.C.Subfund"). Section 10.The City hereby pledges to the payment of the Development Agreement the KC.Real Estate,L.C.Subfund and the taxes referred to in Subsection 2 of Section 403.19 of the Code ofIowa to be paid into such Subfund. Section 11.After its adoption,a copy of this resolution shall be filed in the office of the County Auditor of Dallas County to evidence the continuing pledging of the KC.Real Estate,L.C.Subfund and the portion of taxes to be paid into such Subfund and,pursuant to the direction of Section 403.19 of the Code ofIowa,the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof. Section 12.All resolutions or parts thereof in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved November 6,2000 13 Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator ROLL CALL VOTE AYES NAYS ABSENT Nicholas Gruber Marvin Berger Michael Watts Bill Peard Wayne Johnson x X X X X 10.ResolutionOO-190:Appointment of Representative to Dallas County Development (DCD): Mayor Bailey read a letter he had written on the day of the City Council meeting and distributed to the City Staff/City Council at the meeting.The Mayor asked that this letter be entered into the public record. 14 City of k .tWaueeF1JIll.\.",i The Key to Good Living Mayor's Office November 5,2000 Dear City Council Members, I am recommending that Jody Gunderson be appointed as the City of Waukee's Representative to the Dallas County Development Board.I feel it is important to keep this door open for economic development opportunities for the City of Waukee.I urge you to not shut this door for development opportunities.We need to reach out where ever possible to bring more business to our community.Another aspect of this position is to Chair the Workforce Development committee.You should know that this is the single most restrictive problem facing the business community in Iowa and an ownership role in working to resolve the labor shortage is critical to new business coming to our community.We have one of the lowest unemployment rates in the state.We also have to accept ownership for our own fate,therefore I believe it is important to continue an active role in bringing not only development to Waukee and our school district,but also to our county.These are all efforts to bring a business tax base to help offset tax costs within our community. As Mayor I have worked hard to open doors for our community to new opportunities.I urge you not to close this door,as per the recommendation by City Administrator Arentsen to pullout of the Dallas County Development Corporation.Any concerns you may have about Dallas County Development most certainly can be worked out,but we have to communicate the concerns for them to be addressed,pulling out is not the answer. Sincerely,~#V. Donald Lee Bailey,Jr. Mayor,City of Waukee Mayor Donald L.Bailey,Jr. Cell:515.360.1144 Pager:515:264.6142 Home:515.987.1114 www.waukee-ia.com Waukee City Hall 230 Highway 6 Waukee,Iowa 50263 Phone:515.987.4522 fax:515.987.1845 Councilman Johnson made a motion to pay DCD this year's amount and reevaluate the relationship at that time.Councilman Nick Gruber argued that we 15 c 1 j .J should not use Linda Schaut or DCD because we have not seen an economic development benefit from the DCD organization.Linda Schaut spoke and said that she accomplished several plant relocations into Dallas County and even though she has not brought any business into our city,she cited ancillary benefits to our community.Council Johnson suggested that we fund the organization for this current fiscal year and reevaluate our relationship after the City has given her time to prove the worthiness of the organization.Johnson recommended that the Mayor/City Council/City Staff write a letter emphasizing this.Councilman Watts said that he felt the door has been shut on us by Dallas County.Councilman Peard asked to go on record and expressed to Linda that he would support paying her,but wanted to see value from her and DCD in the next 6 months.Joshua Smith recommended that the City Council continue funding the organization for this fiscal year and quantify the results generated from DCD beginning now to our next budget cycle.Motioned by Johnson,second by Peard to approve appointment of Jody Gunderson as the City of Waukee representative to Dallas County Development and continue membership in DCD for the remainder of this fiscal year.Ayes:Johnson,Peard,Berger,Gruber.Nays:Watts.Motion carried 4-1. RESOLUTION NO.00-190 APPOINTING WAUKEE'S DIRECTOR OF COMMUNITY DEVELOPMENT, JODY GUNDERSON,TO SERVE AS THE REPRESENTIVE OF WAUKEE ON THE BOARD OF DIRECTORS FOR DALLAS COUNTY DEVELOPMENT INCORPORATED WHEREAS,the City of Waukee is currently a member of Dallas County Development Incorporated,AND, WHEREAS,Dallas County Development Incorporated is an organization whose primary function is to promote economic development in Dallas County,AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of November,2000 that Jody Gunderson is hereby designated as Waukee's representative to the Board of Directors of Dallas County Development Inc. Donald L.Bailey Jr., Mayor ATTEST: 16 ROLL CALL VOTE AYE NAY ABSENT ,IMarkJ.Arentsen,City Administrator/Clerk Nicholas Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X 11.Public Hearing:Rezoning of Sunrise Meadows Plat 2.Mayor Bailey announced this was the time and place of the Public Hearing.Bailey asked for any written or oral comments.Since there were no comments,the Mayor closed the Public Hearing. 12.ResolutionOO-191:Approving Rezoning of Sunrise Meadows Plat 2. Motioned by Berger,second by Gruber to approve the rezoning.Ayes:Berger, Gruber,Watts,Peard,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-191 RESOLUTION APPROVING OF REZONING OF SUNRISE MEADOWS PLAT 2 WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized municipal corporation; and WHEREAS,Sunrise Meadows Plat 2 Rezoning had been approved by the Waukee Planning &Zoning Commission on September 26,2000;and WHEREAS,the City of Waukee believes this rezoning is in conformance with good,future growth patterns;and NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa that said rezoning is approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 6th day of November, 2000. Gruber,Berger,Watts,Peard,Johnson Ayes:_ None Nays:_ Donald L.Bailey,Jr.,Mayor I,Mark 1.Arentsen,City Clerk of the City of Waukee,Iowa,hereby certify that the above and forgoing Resolution is a true copy as shown by the records of the City of Waukee,Iowa. Attest:) 17 Mark 1.Arentsen,City Clerk 13.ResolutionOO-191A:Approving Sunrise Meadow Plat 2 Preliminary Plat. Downing Development has requested that sunrise Meadows Plat 2 Preliminary Plat be approved.The Planning &zoning Commission approved the preliminary plat at their September 26,2000 meeting.Motioned by Gruber,second by Watts.Ayes:Gruber, Watts,Berger,Peard,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-191A RESOLUTION APPROVING OF SUNRISE MEADOWS PLAT 2 PRELIMINARY PLAT WHEREAS,the City of Wankee,Dallas County,State of Iowa,is a duly organized municipal corporation; and WHEREAS,Sunrise Meadows Plat 2 Preliminary Plat had been approved by the Waukee Planning & Zoning Commission on September 26,2000;and WHEREAS,the City of Waukee believes this Preliminary Plat is in conformance with good,future growth patterns;and NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa that said preliminary plat is approved, Passed by the City Council of the City of Wau1<ee,Iowa,and approved the 6th day of November, 2000, Gruber,Watts,Berger,Peard,Johnson None Nays::_ Donald L.Bailey,Jr.,Mayor I,Mark J.Arentsen,City Clerk of the City of Waukee,Iowa,hereby certify that the above and forgoing Resolution is a true copy as shown by the records of the City of Waukee,Iowa. Attest: Mark J.Arentsen,City Clerk 14.Resolution 00-192:Approving the final Plat for Westgate Business Park, Waukee Planning &Zoning approved final plat for Westgate Business Park on October 24,2000.This approval was contingent on a signed legal agreement with Mike Myers for bonding and completion of the project,attorney comments,V &K comments,and Staff recommendation.Paul Huscher has several concerns regarding approving Final Plat and they are attached.Motioned by Johnson,second by Watts.Ayes:Johnson,Watts, Gruber,Berger,Peard.Nays:None.Motion carried 5-0. 18 RESOLUTION 00-192 r ] RESOLUTION APPROVING OF WESTGATE BUSINESS PARK FINAL PLAT WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized municipal corporation; and WHEREAS,Westgate Business Park final Plat had been approved by the Waukee Planning &Zoning Commission;and WHEREAS,the City of Waukee believes this Final Plat is in conformance with good,future growth patterns;and NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa that said fmal plat is approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 6th day of November, 2000. Johnson,Watts.Gruber,Berger,Peard Ayes'--::-::_ None Nays:_ Donald L.Bailey,Jr.,Mayor I,Mark J.Arentsen,City Clerk of the City of Waukee,Iowa,hereby certify that the above and forgoing Resolution is a true copy as shown by the records of the City of Waukee,Iowa. Attest: Mark J.Arentsen,City Clerk 15.Public Hearing:Rezoning Westgate Business park Lots #1,2,3,4.Mike Myers/Jim Campney is requesting that Westgate Business Park be rezoned from M-l to M-IA.The Mayor announced this was the time and place for the Public Hearing.Since there were no oral or written objections,the Mayor closed the Public Hearing. 16.Resolution 00-193:Approving Rezoning Westgate Business Park Lots #1,2,3,4.Developers of Westgate Business Park are requesting that Lots #1,2,3,4 be rezoned from M-l to M-IA.This will help locate businesses looking for outside storage. Motion by Gruber,second by Johnson.Ayes:Gruber,Johnson,Berger,Watts,Peard. Nays:None.Motion carried 5-0. RESOLUTION 00-193 RESOLUTION REZONING WESTGATE BUSINESS PARK LOTS #1,2,3,4 WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized municipal corporation; and 19 WHEREAS,rezoning of Westgate Business Park Lots #1,2,3,4 had been approved by the Waukee Planning &Zoning Connnission on October 24,2000;and WHEREAS,the City of Waukee believes this rezoning will facilitate much-needed industrial development;and NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa that said rezoning is approved. Passed by the City Council ofthe City of Waukee,Iowa,and approved the 6th day of November, 2000. Gruber,Johnson,Berger,Watts,Peard Ayes:~~~~~~~~~_ None Nays:_ Donald L.Bailey,Jr.,Mayor I,Mark J.Arentsen,City Clerk of the City of Waukee,Iowa,hereby certify that the above and forgoing Resolution is a true copy as shown by the records of the City of Waukee,Iowa. Attest: Mark J.Arentsen,City Clerk 17.Public Hearing:For William C.Knapp's Tax Increment financing Rebate Agreement.The Public Hearing for William c.Knapp's Tax Increment Financing Rebate Agreement will allow residents to give verbal or written comments to the Waukee City Council.The Mayor announced this was the time and place for the Public Hearing.Since there were no oral or written objections,the Mayor closed the Public Hearing. 18.Resolution 00-194:Approving Bill Knapp's Tax Increment Financing Rebate Agreement.The TIP Agreement allows the developer to be rebated for any incremental taxes generated from their property that are allocated towards "Internal Improvements" and "Qualified Expenses".Motion by Gruber,second by Watts.Ayes:Gruber,Watts, Berger,Peard,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-194 ASHWORTH PROPERTY &KC REAL ESTATE PROPERTY TAX INCREMENT REBATE AGREEMENT The Tax Increment Financing Rebate Agreement is entered into by and between the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "City");Bill Knapp (hereinafter referred to as "Owner/developer"). WITNESSETH: 20 WHEREAS,Owner/developer is the owner of record of that property as described in attached Exhibit 'A',which is by reference incorporated herein,(hereinafter referred to as the "Subject Property"); WHEREAS,the Subject Property is presently located entirely within Dallas County, Iowa,and the City of Waukee,Iowa;and WHEREAS,the Owner/developer will follow conditions upon which they may receive Tax Increment financing increment rebated back to them semi-annually from the City. These conditions are as follows: 1.Owner/developer will construct all internal improvements required for its development.City has no obligation by virtue of this Agreement,to construct any improved streets to serve their property.City will construct,or contract for the construction of,public sanitary sewer and water line improvements needed to serve their property.To the extent that the City determines to levy special assessments or hook-on fees for any improvements which would be deemed to benefit either property, assessments or fees shall be limited to Three Thousand Dollars ($3,000.00)per acre for sanitary sewer and Twenty-Six Dollars ($26.00)per lineal foot of frontage for water.The above-referred amounts shall increase at the rate of two percent (2%)per year beginning January 1,2002.Owner/developer will agree,subject to these dollar limits to waive all statutory protections and limitations provided for property owners in Chapter 384 of the Code of Iowa,including but no limited to,the limitation that assessments may not exceed twenty-five percent (25%)of the valuation of a parcel being assessed,and the provision which allows owners of land used and assessed as agricultural land to defer payments on assessments until either the use or assessment category of the land changes. Owner/developer shall have the light to pay the assessments over a period of time not less than ten (10)years or more than fifteen (15)years. 2."Internal improvements"shall include all utilities,streets including adjacent streets,and all other activities commonly associated with private development of the Subject Property, 3.'''Qualified expenses"shall include all actual construction costs,plus engineering, legal,fees and all related items,and shall be documented to the satisfaction of the City. 4.City will establish a mechanism (the "TIP District")under Chapter 403 of the Code of Iowa to enable the Owner/developer to be reimbursed from future incremental property tax revenues for all qualified expenses related to construction of the internal improvements and for any special assessments or connection fees paid by the Owner/developer with respect to the public sanitary sewer and water line improvements which are to be constructed by the City.Semi-annual tax increment payments to be Owner/developer will begin with the first fiscal year in which the City receives incremental tax revenues with respect to Westgate Business Park,and shall continue for a ,I 21 maximum of eighteen (18)years.For the first thirteen (13)years,the payments to the Owner/developer will be equal to eighty percent (80%)of the total incremental taxes paid,and for years fourteen (14)through eighteen (18),the payments will be equal to fifty percent (50%)of the total incremental taxes paid. This Agreement shall be binding on and shall inure to the benefit of all successors, assigns and grantees of the City and Owner. "OWNER/developer" Bill Knapp "CITY"ATTEST: Donald L.Bailey,Jr.,Mayor Mark J.Arentsen,City Administrator STATE OF IOWA) )SS: COUNTY OF DALLAS ) On this 6th day of November,2000,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Bill Knapp,to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. AYES:Gruber,Johnson,Berger,Watts,Peard Nays:None 19.Public Hearing:For Joe Brick's Tax Increment Financing Rebate Agreement.The Public Hearing for Joe Brick's Tax Increment Financing Rebate Agreement will allow residents to give verbal or written comments to the Waukee City Council.The Mayor announced this was the time and place for the Public Healing.Since there were no oral or written objections,the Mayor closed the Public Hearing. 20.Resolution 00-195:Approving Joe Brick's Tax Increment financing Rebate Agreement.The TIP Agreement allows the developer to be rebated for any incremental taxes generated from their property that are allocated towards "Internal Improvements' 22 WHEREAS,the Owner/developer will follow conditions upon which they may receive Tax Increment Financing increment rebated back to them semi-annually from the City. These conditions are as follows:j RESOLUTION 00-195 and "Qualified Expenses".Motion Watts,second by Peard.Ayes:Watts,Peard,Gruber, Berger,Johnson.Nays:None.Motion carried 5-0. JOE BRICK TAX INCREMENT FINANCING REBATE AGREEMENT FOR BRICK INDUSTRIAL PARK The Tax Increment Financing Rebate Agreement is entered into by and between the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "City");Joe Brick (hereinafter referred to as "Owner/developer"). WITNESSETH: WHEREAS,Owner/developer is the owner of record of that property as described in attached Exhibit 'A',which is by this reference incorporated herein,(hereinafter referred to as the "Subject Property"); WHEREAS,the Subject Property is presently located entirely within Dallas County, Iowa,and the City of Waukee,Iowa;and 1.Owner/developer will construct all internal improvements required for its development.City has no obligation by virtue of this Agreement,to construct any improved streets to serve their property.City will construct,or contract for the construction of,public sanitary sewer and water line improvements needed to serve their property.To the extent that the City determines to levy special assessments or hook-on fees for any improvements which would be deemed to benefit either property, assessments or fees shall be limited to Three Thousand Dollars ($3,000.00)per acre for sanitary sewer and Twenty-Six Dollars ($26.00)per lineal foot of frontage for water.The above-referred amounts shall increase at the rate of two percent (2%)per year beginning January I,2002.Owner/developer will agree,subject to these dollar limits to waive all statutory protections and limitation provided for property owners in Chapter 384 of the Code of Iowa,including but no limited to,the limitation that assessments may not exceed twenty-five percent (25%)of the valuation of a parcel being assessed,and the provision which allows owners of land used and assessed as agricultural land to defer payments on assessments until either the use or assessment category of the land changes. Owner/developer shall have the light to pay the assessments over a period of time not less than ten (10)years or more than fifteen (15)years. 2."Internal improvements"shall include all utilities,streets including adjacent streets,and all other activities commonly associated with private development of the Brick Industrial Park.j 23 3."Qualified expenses"shall include all actual construction costs,plus engineering, legal,fees and all related items,and shall be documented to the satisfaction of the City. 4.City will establish a mechanism (the "TIP District")under Chapter 403 of the Code of Iowa to enable the Owner/developer to be reimbursed from future incremental property tax revenue for all qualified expenses related to construction of the internal improvements and for any special assessments or connection fees paid by the Owner/developer with respect to the public sanitary sewer and water line improvements which are to be constructed by the City.Semi-annual tax increment payments to be Owner/developer will begin with the first fiscal year in which the City receives incremental tax revenues with respect to Brick Industrial Park,and shall continue for a maximum of eighteen (18)years.For the first thirteen (13)years,the payments to the Owner/developer will be equal to eighty percent (80%)of the total incremental taxes paid,and for years fourteen (14)through eighteen (18),the payments will be equal to fifty percent (50%)of the total incremental taxes paid. This Agreement shall be binding on and shall inure to the benefit of all successors, assigns and grantees of the City and Owner. "OWNER/developer" Joe Brick "CITY"ATTEST: Donald L.Bailey,Jr.,Mayor Mark J.Arentsen,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On this 6th day of November,2000,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Joe Brick,to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Ayes:Watts,Peard,Gruber,Berger,Johnson 24 The Tax Increment Financing Rebate Agreement is entered into by and between the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "City");Mike Meyer's/Jim Campney (hereinafter referred to as "Owner/developer"). ] Nays:__"'N"'o'!!n"'e _ 21.Public Hearing:For Mike Meyer's/Jim Campney's Tax Increment Financing Rebate Agreement.The Public Hearing for Joe Brick's Tax Increment financing Rebate Agreement will allow residents to give verbal or written comments to the Waukee City council.The Mayor announced this was the time and place for the Public Hearing.Since there were no oral or written objections,the Mayor closed the Public Hearing. 22.Resolution 00-196:Approving Mike Meyer's/Jim Campney's Tax Increment Financing Rebate Agreement.The TIP Agreement allows the developer to be rebated for any incremental taxes generated from their property that are allocated towards "Internal Improvements"and "Qualified Expenses".Moved by Gruber,second by Berger.Ayes: Gruber,Berger,Watts,Peard,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-196 MIKE MEYER'S/JIM CAMPNEY TAX INCREMENT FINANCING REBATE AGREEMENT FOR WESTGATE BUSINESS PARK WITNESSETH: WHEREAS,Owner/developer is the owner of record of that property as described in attached Exhibit'A',which is by this reference incorporated herein,(hereinafter referred to as the "Subject Property"); WHEREAS,the Subject Property is presently located entirely within Dallas County, Iowa,and the City of Waukee,Iowa;and WHEREAS,the Owner/developer will follow conditions upon which they may receive Tax Increment Financing increment rebated back to them semi-annually from the City. These conditions are as follows: 1.Owner/developer will construct all internal improvements required for its development.City has no obligation by virtue of this Agreement,to construct any improved streets to serve their property.City will construct,or contract for the construction of,public sanitary sewer and water line improvements needed to serve their property.To the extent that the City determines to levy special assessments or hook-on fees for any improvements which would be deemed to benefit either property, assessments or fees shall be limited to Three Thousand Dollars ($3,000.00)per acre for 25 sanitary sewer and Twenty-Six Dollars ($26.00)per lineal foot of frontage for water.The above-referred amounts shall increase at the rate of two percent (2%)per year beginning January 1,2002.Owner/developer will agree,subject to these dollar limits to waive all statutory protections and limitations provided for property owners in Chapter 384 of the Code of Iowa,including but no limited to,the limitation that assessments may not exceed twenty-five percent (25%)of the valuation of a parcel being assessed,and the provision which allows owners of land used and assessed as agricultural land to defer payments on assessments until either the use or assessment category of the land changes. Owner/developer shall have the right to pay the assessments over a period of time not less than ten (10)years or more than fifteen (15)years. 2."Internal improvements"shall include all utilities,streets including adjacent streets,and all other activities commonly associated with private development of the Ashworth Property and KC Real Estate Property. 3."Qualified expenses"shall include all actual construction costs,plus engineering, legal,fees and all related items,and shall be documented to the satisfaction of the City. 4.City will establish a mechanism (the "TIF District")under Chapter 403 of the Code of Iowa to enable the Owner/developer to be reimbursed from future incremental property tax revenues for all qualified expenses related to coustruction of the internal improvements and for any special assessments or connection fees paid by the Owner/developer with respect to the public sanitary sewer and water line improvements which are to be constructed by the City.Semi-annual tax increment payments to be Owner/developer will begin with the first fiscal year in which the City receives incremental tax revenues with respect to either the Ashworth Property or the KC Real Estate Property,and shall continue for a maximum of eighteen (I 8)years.For the first thirteen (13)years,the payments to the Owner/developer will be equal to eighty percent (80%)of the total incremental taxes paid, and for years fourteen (14)through eighteen (18),the payments will be equal to fifty percent (50%)of the total incremental taxes paid. This Agreement shall be binding on and shall inure to (he benefit of all successors,assigns and grantees of the City and Owner. "OWNER/developer" Mike Myers Jim Campney "CITY"ATTEST: Donald L.Bailey,Mayor Mark J.Arentsen,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) 26 RESOLUTION APPROVING A RECONNECTION CHARGE FOR SMALL VOLUME GAS CUSTOMERS OF $22.50 AND RECONNECTION CHARGE OF $50.00 DUE TO NONPAYMENT OF A GAS BILL OR DEPOSIT On this 6th day of November,2000,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Mike Myers and Jim Campney,to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Ayes'__->,G,-,r",u",b",e",r•....,B",e",r",g""er"",-,W=a..,U""s,,-,P'-'ee!a"r"d'-'""'To"'h'-'n"'s,,on"-_ Nays:__---=-N"'o"'n"'e _ 23.Motion:Approving FY2001-2002 Budget Development Calendar.The Council discussed the pros and cons of using a citizen committee as part of the budget development process.A motion was offered by Peard seconded by Johnson to use the same process as last year in which the Mayor and Council members each selected a citizen representative to serve on a budget development committee with tbe Mayor and Council.Ayes:Peard,Johnson,Gruber and Berger.Nays:Watts.Motion carried 5-0. 24.Ordinance:Litter Ordinance.City Attorney Paul Huscher recommended this ordinance be passed to protect residents from hastily distributed flyers and papers. Johnson introduced the Ordinance.Motion by Berger,second by Peard to have I" reading in title only.Ayes;Berger,Peard,Johnson,Gruber,Watts.Motion carried 5-0. Motion by Gruber,second by Peard to have the second reading in title only.Ayes: Gruber,Peard,Johnson,Watts,Gruber.Motion carried 5-0. 25.Ordinance:Prohibiting Parking on the East Side of Crabapple Drive.City Attorney Paul Huscher recommended this ordinance be passed to add Crabapple Drive to tbe many streets where parking on the east side is already prohibited.Berger introduced the ordinance.Motion by Berger,second by Gruber to have the I"reading in title only. Ayes;Berger,Gruber,Watts,Johnson,Peard.Motion carried 5-0.Motion by Watts, second by Johnson to have the 2nd reading in title only.Ayes;Watts,Johnson,Watts, Peard,Gruber.Motion carried 5-0. 26.Resolution 00-197:Approving Gas Disconnect/Reconnect Policy.This resolution provides for small volume customers to have their gas disconnected and reconnected at a charge of $22.50 while still providing for the City to charge $50.00 for reconnection due to non-payment of a gas bill.Motion by Watts,second by Peard. Ayes:Watts,Peard,Gruber,Berger,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-197 27 WHEREAS,the City Council of Waukee,Iowa on July 10,1984 did pass a resolution adopting charges and conditions for special or nonrecurring gas utility services;AND, WHEREAS,in the resolution the following charges and conditions for services were adopted: 1.Interest on Customer Deposits 2.Charges for Certain Service Calls 3.Charges for Customer Requested Meter Tests 4.Charge for Returned Check 5.Charges for Reconnection of Service NOW,THEREFORE BE IT RESOL YED,that City Council of Waukee,Iowa do hereby amend paragraph 5 of Resolution No.24 dated July 10,1984 to read: 5)CHARGES FOR RECONNECTION OF SERVICE- A charge of twenty-two dollars and fifty cents ($22.50)shall apply at the time of reconnection of small volume gas customers for voluntary disconnection of service and a charge of fifty dollars ($50.00)shall apply at the time of reconnection when disconnection has resulted from an act or omission on the part of the customer or from nonpayment of a bill or deposit. On this 6th day of November 2000. Donald L.Bailey,Jr.,Mayor ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard x X X 28 AN ORDINANCE TO AMEND CHAPTER 203,WAUKEE MUNICIPAL CODE PROVIDING FOR WATER RATES TO BE CHARGED BY THE WATER WORKS OPERA TED BY THE CITY OF WAUKEE lOW A,AND PROVIDING METHODS OF ENFORCEMENT,BY AMENDING SAID CHAPTER BY ADDING THERETO SECTION 203..7 PROVIDING THAT DISCONNECTIONIRECONNECTION POLICY SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WAUKEE,AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED BY THE COUNCIL.] Mike Watts Wayne Johnson x X ,I 27.Ordinance:Amending Chapter 203 of Waukee Municipal Code stating that a DisconnectionlReconnection Policy Shall Be Set By The City Council of the City of Waukee.This amendment enables the city council to set a DisconnectionlReconnection Policy by resolution in the Water Ordinance as it now has in the Gas Ordinance.Peard introduced the ordinance.Motion by Johnson,second by Peard to have I st reading in title only.Ayes;Johnson,Peard,Watts,Gruber,Berger.Motion by Peard,second by Watts to waive 2nd and 3'd reading.Ayes;Peard,Watts,John,Gruber,Berger.Motion carried 5-0.Motion by Peard,second by Johnson to put ordinance on final passage.Ayes; Peard,Johnson,Berger,Gruber,Watts.Motion carried 5-0. ORDINANCE NO 2330 Section 1.Amendment.Chapter 203,Waukee Municipal Code is hereby amended by adding thereto Section 203.7 which shall read as follows: Section 203.7.DisconnectionlReconnection Policy. Disconnection/Reconnection Policy shall be set by resolution of the City Council of the City of Waukee,and shall remain in full force and effect until amended by the Council. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the Council this 6th day of November,2000,and approved this 6th day of November,2000. J 29 Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator 28.Resolution 00-198:Approving Water DisconnectlReconnect charges.The resolution provides customers the option to voluntarily have their water disconnected and at a later date reconnected for a charge of $15.00 and a charge of $25.00 for reconnection due to nonpayment of water bill or deposit.Motion by Gruber,second by Watts to approve the proposed change.Ayes:Gruber,Watts,Berger,Peard,Johnson.Nays: None.Motion carried 5-0. RESOLUTION 00-198 RESOLUTION APPROVING A RECONNECTION CHARGE FOR WATER CUSTOMERS OF $15.00 AND RECONNECTION CHARGE OF $25.00 FOR NONPAYMENT OF A WATER BILL OR DEPOSIT WHEREAS,the City of Waukee amended Chapter 203 providing the City Council by resolution set disconnect/reconnect charges;AND WHEREAS,the City now desiring to set the charges for voluntary disconnection and reconnection and involuntary disconnection and reconnection; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do herby set a charge of fifteen dollars ($15.00)shall apply at the time of reconnection of water service for voluntary disconnection of service and a charge of twenty five dollars ($25.00)shall apply at the time of reconnection when disconnection has resulted from an act or omission on the part of the customer or from nonpayment of a bill or deposit on this 6th day of November 2000. Donald L.Bailey,Jr.,Mayor ATTEST: 30 RESOLUTION ACCEPTING THE ENGINEER'S CERTIFICATE OF COMPLETION FOR THE DEMOLITION AND DISPOSAL OF THE 50,000 GALLON ELEVATED STORAGE TANK AND 200,000 GALLON GROUND STORAGE TANK 1 ,I Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson x X X X X 29.Resolution 00-199:Accepting Engineer's Certificate of Completion for Demolition and Disposal of 50,000 Gallon Elevated Storage Tank and 200,000 Gallon Ground Storage Tank.M.E.D.A.has completed the project with the exception of the water service connection that Public Works will install.Motion by Berger,second by Watts.Ayes:Berger,Watts,Gruber,Peard,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-199 WHEREAS,the City of Waukee desiring to beautify the City by causing the demolition and disposal of the elevated and ground storage tanks;AND, WHEREAS,the City awarded the contract for the demolition and disposal of the storage tanks to M.E.D.A.of Moulton,Iowa on August 7,2000;AND, WHEREAS,Veenstra &Kimm having made an on-site review of the completed construction project and in their opinion the work performed is in substantial accordance with the plans specifications have issued an Engineer's Certificate of Completion; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby accept Veenstra &Kimm's Certificate of Completion for the demolition and disposal of the 50,000 gallon elevated storage tank and 200,000 gallon ground storage tank on this 6th day of November 2000. Donald L.Bailey,Jr.,Mayor ,) 31 ATIEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson x X X X X 30.Resolution 00-200:Approving Final Pay Estimate to M.E.D.A.for Demolition and disposal of 50,000 Gallon Elevated Storage Tank and 200,000 Gallon Ground Storage Tank.M.E.D.A.has completed the project and the City has received the Engineer's Certificate of completion.They are requesting the final pay estimate.Motion by Peard,second by Gruber to approve resolution.Ayes:Peard,Gruber,Johnson,Watts and Berger.Motion carried 5-0. RESOLUTION 00-200 RESOLUTION APPROVING PARTIAL PAY ESTIMATE NO.2 (FINAL)FOR THE DEMOLITION AND DISPOSAL OF THE 50,000 GALLON ELEVATED STORAGE TANK AND 200,000 GALLON GROUND STORAGE TANK WHEREAS,the City of Waukee desiring to beautify the City by causing the demolition and disposal of the elevated and ground storage tanks;AND, WHEREAS,M.E.D.A.having completed the project and has requested pay estimate no. 2 (final)in the amount of $11,210;AND, WHEREAS,Veenstra and Kimm has issued a Certificate of Completion for the project and recommends payment; NOW,THEREFORE BE IT RESOLVED,that the City council of Waukee,Iowa do hereby approve M.E.D.A.'s request for pay estimate no.2 (final)in the amount of $11,210 on this 6th day of November 2000. 32 31.Resolution 00-201:Accepting Engineer's Certificate of Completion for University Avenue Water Main Extension-Phase II.Earth Movers,Inc.has completed the seeding along University Ave.construction area and the project is now complete. Motion by Peard,second by Gruber to approve this resolution.Ayes:Peard,Gruber, Watts,Johnson and Berger.Motion carried 5-0.J DonaldL.Bailey,Jr.,Mayor '\ ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson x X X X X RESOLUTION 00-201 RESOLUTION ACCEPTING THE ENGINEER'S CERTIFICATE OF COMLETION FOR THE UNIVERSITY A VENUE WATER MAIN EXTENSION- PHASE II WHEREAS,the City having contracted with Earth Movers,Inc for the installation of a 12 inch water main extension along University Avenue from L A Grant Parkway to Warrior Lane;AND, WHEREAS,Earth Movers,Inc has completed the project;AND, WHEREAS,Veenstra and Kimm having made an on-site review of the completed construction project and in their opinion the work performed is in substantial accordance with the plans and specifications have issued an Engineer's Certificate of Completion; 33 NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do herby accept Veenstra and Kimma's Certificate of Completion for the University Avenue Water Main Extension -Phase II on this 6th day of November 2000. Donald L.Bailey,Jr.,Mayor ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson x X X X X 32.Resolution 00-202:Approving contract bonds,Certificate of Insurance for 500,000 Gallon Water Storage Tank Several residents have complained of low water pressure in several areas around Waukee.Veenstra &Kimm (V &K)has completed two (2)studies of water pressure;once in 1998 and again in 2000.Both studies strongly suggest raising the 500,000 gallon elevated storage tank twenty-five (25')feet to increase water pressure.Due to some concerns involving insurance questions,this item has been tabled for two (2)consecutive City council meetings.A letter from Mark Currie,the City's insurance provider and a letter from V &K are attached.Motion by Gruber,second by Peard to approve contract,bonds and Certificate of Insurance for this project.Ayes: Gruber,Peard,Berger,Watts,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00-202 RESOLUTION A WARDING THE CONTRACT FOR THE 500,000 GALLON ELEVATED STORAGE TANK MODIFICATION AND COATING TO DIVERSIFIED COATING LTD WHEREAS,the City of Waukee desiring to raise the water pressure in certain parts of the City has let bids for the modifications and coating of the 500,000 gallon elevated storage tank;AND 34 WHEREAS,Diversified Coating Ltd.of O'Fallon,lllinois was the apparent low bidder with a bid of $491,350 for modifications and coatings;I NOW,THEREFORE BE IT RESOLVED,that the city council of Waukee,Iowa do hereby award the contract for the modifications and coating of the 500,000 gallon storage tank to Diversified Coating Ltd.,in the amount of $491,350. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLLCALL AYES NAYS ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson x X X X X 1 33.Resolution 00-203:Approving Billing Arrangement for Waukee Ambulance Service.This information was provided in the last agenda packet (10-16-00)and was presented by Assistant Chief Clint Robinson at the meeting.Motion by Peard,second by Johnson to approve Team Two as the billing vendor for ambulance service.Ayes: Peard,Johnson,Gruber,Berger,Watts.Nays:None.Motion carried 5-0. 34.ReceivelFile:Discussion on Waukee/Dallas county EMS Situation.There was a meeting at 8 a.m.Monday,November 6,2000 with Waukee City Staff members and Dallas County EMS officials,and the medical directors for both entities.Mark gave a report at the Waukee City Council Meeting regarding the meeting that morning.Both units will respond to all calls until the E-911 plan is modified to show Waukee as the primary responder for emergency calls within the City Limits.Motion by Berger,second by Peard to receive/file this report.Ayes: 35 Berger,Peard,Gruber,Watts,Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00·203 RESOLUTION APPROVING BILLING ARANGEMENT FOR WAUKEE AMBULANCE SERVICE WHEREAS,the city of Waukee,Dallas county,State ofIowa,is a duly organized municipal corporation;and WHEREAS,the Waukee Ambulance Service needs to have a billing service handle their invoicing;and WHEREAS,the Team Two,Inc.has come highly recommended to City Staff. NOW,THEREFORE,BE IT RESOLVED by the City council of the City of Waukee, Iowa approves Team Two,Inc.as the billing service for the City's ambulance service. Passed by the City Council of the City of Waukee,Iowa,and approved the 6th day of November 2000. Gruber,Peard,Berger,Watts,Johnson Ayes:~~~~~~~~~~~~~~~~~~~~~~~~~~~~ None Nays:~~~~~~~~~~~~~~~~~_ Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk 35.Resolution 00-204:Authorizing Acceptance of University Ave.Water Main Extension Phase II and Release of Retainage.Earth Movers,Inc.has completed the University Ave Water Main project and request final pay estimate and payment of 5% retainage in 31 days after acceptance of the project.Motion by Gruber,second by Berger to approve this resolution.Motion by Peard,second by Johnson to approve this resolution.Ayes:Peard,Johnson,Watts,Berger and Gruber.Motion carried 5-0. RESOLUTION 00-204 36 Donald L.Bailey,Jr.,Mayor J RESOLUTION APPROVING PARTIAL PAY ESTIMATE NO.2 (FINAL)FOR THE UNIVERSITY A VENUE WATER MAIN EXTENSION -PHASE II IN THE AMOUNT OF $0.00 AND PAYMENT OF THE 5%RETAINAGE IN 31 DAYS AFTER ACCEPTANCE OF THE PROJECT IN THE AMOUNT OF $3,022.70. ,1 WHEREAS,Earth Movers,Inc having completed the University Avenue Water Main project and request final pay estimate and payment of 5%retainage in 31 days after acceptance of the project;AND, WHEREAS,Veenstra and Kimm have made an on-site review of the completed construction project and in their opinion the work performed is in substantial accordance with the plans and specification and have issued an Engineer's Certificate of Completion; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Partial Payment Estimate No.2 (final)of $0.00 to Earth Movers,Inc for the University Avenue Water Main Extension -Phase II and payment of 5%retainage in the amount of $3,022.70 in 31 days after acceptance of the project on this 6th day of November 2000. ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson X X X X X 36.ReceivelFile:Discussion on Videotaping of City council meetings.Mayor Bailey has requested that the City council Meetings be taped.Nick Gruber indicated this was fine as long as the videotaping equipment is functional.Motion by Gruber,second by Johnson to approve videotaping meetings in the future.Ayes:Gruber,Johnson, Berger,Watts,Peard.Nays:None.Motion carried 5-0.I 37 37.Ordinance:To Amend Chapter 100,Section 103.4,Waukee Municipal Code This item was tabled because the complete ordinance was not provided in advance for the City Council packet. 38.Reports:Mark Arentsen announced that Linda Burkhart had started as City Treasurer and that she would be receiving training from CMS.Arentsen also noted that he and Councilman Peard had met with Senator Tom Harkin regarding various items concerning Waukee.Arentsen also mentioned that the City Staff met with the Wastewater Reclamation Authority regarding the possibility of hooking into the Metro Sewer.Joshua Smith discussed Hickory Tech (phone/cable)will begin installing fiber optic cable throughout Waukee,and said this is a great thing for Waukee.This process would facilitate additional vendors offering phone/cable service.Jody Gunderson indicated he would continue working on the Urban Renewal Plan.John Gibson discussed various projects the Public Work's Department was working on.Wayne Johnson solicited input from citizens regarding projects for the Park &Rec department. Councilman Peard and Watts had no report.Marvin Berger said the "Library Family" was sifting through options regarding the construction of a new library.Nick Gruber said that all Planning &Zoning matters were presented to the City Council earlier.Nick also said that he was pleased with the absentee voting options that was presented this year. 39.Adjournment:Motion by Gruber,second by Johnson to adjourn meeting at 10:04 p.m.The Mayor asked for a voice vote.Ayes:Gruber,Johnson,Peard,Berger and Watts.Nays:None.Motion carried 5-0.Meeting adjourned at 10:04 p.m. ~ Donald L.Bailey,Jr.,Mayor Attest: 38